Right before retirement, Court Justice David Maraga have given some critical advice to President Uhuru Kenyatta. This is happening years after the last Parliament election and only a few by-elections since then. So, this could have been picked up before, but as the CJ Maraga is soon a pensioner. He could speak his peace and expel the importance certain articles of the Constitution.
The Constitution states in article 81(b) no electoral bodies have more than 2/3 members in a elective bodies of the same gender. Also, in the article 261(7) which states this: “the Chief Justice shall advise the President to dissolve Parliament and the President shall dissolve Parliament”.
These parts of the Constitution sets a standard and recognize what the President needs to do after the advice of the Court Justice. However, in the middle of term, why didn’t the CJ do this sooner?
Most of the MPs was elected in 2017 and we are now in 2020. There been changes in the nominated senators, but then the President and the Team around him should have warned him. If not given a heads-up to ensure this wasn’t an issue. That the Parliament had the right balance of the genders and ensured the Constitution was followed. This could be easily done in the Senate. As the nominees can make a balance directly, if the parties and if the government wants it to be so.
This here will show, if the President has the interest of the Constitution or not. If he will abide to the recommendation or not. The Building Bridges Initiative (BBI) has a constitutional referendum in mind and this sort of letter might amplify that wish. While, the President either has to choose that path or dissolve the Parliament. Then his calling for an election and risks the total control of Parliament in his final term as President.
President Kenyatta have very few to go. There is little wiggle room and is an impasse on the President. He either has to do one thing or another. If he shuns it, then people know he doesn’t care about the Constitution. If he does that, then people know that he doesn’t value rule of law and equal justice for all. If he does dissolve the Parliament. Then he starts a process and preparing for another election. To ensure he has enough allies and continues to have control of both houses in the Parliament.
We can wonder what he will do, if he wants to reign with a unconstitutional parliament or if he wants to follow it?
We can also in the same manner, also question why Maraga did this now? As the amounts of MPs and Senators was mostly put in place over a long while. Not like it was a swift change. This could have been advised on a earlier stage. Because of the last election was in 2017. That should say enough really…
So, what will Kenyatta do? He got issues, a pickle and a conundrum. What he chooses to do, will seal his legacy on his constitutional behaviour and if wants some sort of justification for his control of the Parliament. Unless, he wants to rule with an unconstitutional electoral body…
That is his choice… and he knows it. If not he was reminded now and he got articles to follow. Peace.
“Former presidents Jomo Kenyatta, Daniel Moi and Mwai Kibaki were sons of peasants who rose to lead the country. We have a democratic system that allows for competition and equality” – ODM Leader Raila Odinga
The Handshake and the Building Bridges Initiative (BBI) have been a blessing in disguise for President Uhuru Kenyatta. He has defused the opposition and gotten a fixer. In such a manner, that his own Deputy President have become a man of ceremonies and not a needed side-kick. The President have not only bought time, but an loyal ally.
Because, now with the Revenue Allocation and the new County Budgets. The Orange Democratic Movement leader Odinga has traded blows. He first defended the matter and with the new voting in place between July and September. He has changed, but defended the President for doing so. Giving him praise and saying it benefits his causes.
That is why Odinga is Kenyatta’s fixer. The man with a plan, the one who cleans-up the mess and make everything look golden. The man who take all the dirt and still speaks highly of the Head of State. He doesn’t even have to order him to do so. Because, Odinga needs political capital and needs to activate his party. Alas, the defences of the actions in the Senate and in Parliament is just magic.
The supposed opposition, who is not opposition, but isn’t really government either. Still, he speaks more high and mighty about government programs. Then the ones representing the same government programs. While his party is the Leader of Minority in Parliament. Which is a weird state of affairs.
Odinga knows all of this. That’s why he has claimed to be both opposition and in government. That is maybe why his so defensive and such a supporter of the new revenue allocations to the Counties. Since, it benefits the state and their motives ahead. Because, if he would go against it. It would have diminished the chances of his baby, the BBI and the fictitious need for a referendum.
Raila, Baba knows perfectly well all of this, but trying to spawn a web and a need for everything. To make himself relevant and to deliver something in this term. So, that he can elevate himself. Since, he couldn’t deliver Canaan and CORD/NASA was destroyed by the Handshake. Only a chosen few got appointed and the ones who didn’t follow suit got left behind. This is what happened post 2017 elections.
We can all act like this isn’t a play, but it is. Odinga is the fixer, the man who sheds tears and sings rainbows, if the President needs it. While the DP is useless figurine, who can be the fall guy. Odinga can look good and the President can act like he makes things better. Even if the President does that or doesn’t do it. The ODM Leader will have his back and defend his actions. He might make a fuzz for a minute, but moments later the ODM leader will show another face. Which just happens to fix the issues and the wanted outcome for the President.
Kenyatta must be giddy. He got Baba by giving him invisible trophies and lookalike projects to preoccupy his mind. While Odinga does that and defends whatever Kenyatta needs. He got the carrot of BBI to keep him busy. That’s why he doesn’t have a functioning opposition to counter his argument. As the ODM is to preoccupied and working on a non-function, non-important BBI.
Odinga was bought for little to nothing and is now the fixer. That must be boring for all the ones who fought with in 2017. Not to mention all the guys who risked it all in the days of CORD/OKOA and NASA.
The Fixer is here. Kenyatta don’t have to worry. Odinga got him and he will make arrangements. He will make the ugliest painting looking like a masterpiece. Peace.
It is proof with the support of One Shilling One Person, the motion made by the Commission on Revenue Allocation Formula for funding of the Counties in the Republic, which was voted in today. Today, President Uhuru Kenyatta knows who has bought for little. This being Raila Odinga and his Orange Democratic Movement (ODM) and Stephen Kalonzo Musyoka and his Wiper Democratic Movement (WDM).
We are now seeing how easily the President can get his way. Why? Well, the President doesn’t have a real opposition. Maybe after the next election there might be some. However, right now, he can pound the people and make them sing. They will dance to the tune of the President and his will.
Odinga is doing this for one reason: BBI.
All things goes back to prestige of a non-starter project with no proof or not actual needs in the Republic. It is the sort of phantom of the Opera and awaiting dancing in the dark. That he goes against his own governors in Coast and Northern parts of the Republic.
It is easy to see this is giving more funds tot he Central Region Counties. This is benefiting Mount Kenya and the populated areas. This is not helping the regions who has been lagging behind. It will ensure the devolution agenda fails. Yes, there are harder to get proof of spending in the counties, but now they have lesser ability to develop or even make a difference. Since, it will only benefit the counties who has the most people.
Turkana county will be hurt by this. That is easy to see, while other ones will suddenly have the feeling of printing money. While others suddenly having quickly emptied after the vote. The corrupt officials will steal, if it is more there or less. However, if you fill the funds of the other counties. There should be expectations that others will have more and they indulge in that wealth. While the others have to use scraps to develop and run their counties.
Remember that all of this was done to save useless and hopeless BBI. This is counter intuitive of the devolution. As Constitution of 2010 and other legislation has been to help the marginalized. However, the third revenue allocation formula is going against that.
Still, the BBI is alive, the devolution betrayed and the marginalized thrown to the wind. They have their own luck, because the ones in power doesn’t care. The Counties are left behind and they will be further left behind by this.
There is no winners here, except for the allies of the President and his associates. The state is supposed to redistribute wealth. Instead, they letting the rich be richer, and the poor getting poorer. That is surely how this is ending and the betrayal is clear.
All done for the simplest of reasons … to save grace of the grand prestige of BBI. That is the cost of this. All for a mushy handshake and done in a manner, which are leaving people behind.
BBI is clearly worth trading anything for. I am sure the ODM can sell snake-oil for it. Even when there is no proof of what it does and delivers. Except for giving checks and envelopes to keep Odinga and allies preoccupied.
That is why he could sell the marginalized counties on the alter of the BBI. That is the reality. Peace.